Automated and Electric Vehicles Bill (First sitting)

Debate between John Hayes and Iain Stewart

Tuesday 14th November 2017 Public Bill Committees

[The Minister for Transport Legislation and Maritime (Mr John Hayes)]

We continue with dedication our diligent perusal of these matters and our scrutiny of this Bill. I am grateful to the Committee for its continuing determination to get this right. When we first met, we said that this was an important and challenging piece of legislation because we debate it in rapidly altering circumstances. The technology is moving on apace and we are trying to tread a path between creating sufficient certainty to allow insurers to develop the products they will need as the technology comes on stream and predicting a future which, by its nature, is unpredictable. That is the path we tread. It is important to emphasise in that spirit, in relation to this clause and these amendments, that the Bill is a first step. It does not solve all the problems or answer all the questions. It is a modest Bill, though an important one, in those terms.

It is doubtless true that as this technology unfolds more work will need to be done. We are on the cusp of an important—indeed, one might say revolutionary—change in what we drive and how we drive it, but it is not for this Committee, Government or Minister to predict quite what that might look like in decades to come. The modest character of the Bill needs to inform all our scrutiny. We are not aiming to solve all the problems here. We are aiming to take a measured first step towards solving those problems and meeting those challenges.

However, it is right that we debate the issue of how motorists understand and update their systems so that they can use their automated vehicles safely, as the shadow Minister, the mover of the amendment, the hon. Member for Kilmarnock and Loudoun (Alan Brown), and other contributors have said. A core part of that is to ensure that the regulatory framework is in place which compels manufacturers to bring to market systems that make this process as simple and effective as possible.

This is certainly not the place for that legislative process to occur. It is not the purpose of the Bill. The requirement for systems to update forms part of an international set of standards, which I mentioned earlier. Vehicle safety and technology is subject to international standards. Those standards are well established in respect of the vehicles we all typically drive, but they are emerging standards in respect of autonomous vehicles. Much work has been done by this Government and others to ensure that those standards are fit for purpose. They will form the basis of a new type of approval process. We are familiar with the existing means by which these things are assured. That will develop over time, as the type of approval process emerges as a result of the work that is being done. Until that type of approval process is fit for purpose, these vehicles will simply not be sold or driven on our roads. In addition to our domestic non-insurance regulatory programme, it is vital that we are mindful of those further developments.

Robust standards will be in place before the vehicles arrive to market. There is, therefore, a risk in acting unilaterally. I understand why people are suggesting that we might; it is a perfectly reasonable response to the debate and the Bill, and it is useful that we are airing these subjects here. However, we would not want to try to anticipate the development of those standards without a clear understanding of the ultimate design standards to which these vehicles will be held, as we would risk creating barriers to the use of this technology and inhibiting further research and development—indeed, possibly inhibiting the development of the insurers’ products that the Bill is all about. We are continuing to take part in the international negotiation shaping the standards, and developing domestic road traffic laws and guidance. We do not accept new clause 9 and the amendments to clause 4 that would compel us to act without a settled knowledge of how these systems will ultimately be configured.

Let me deal, however, with some specifics. A series of points have been made on these matters during our scrutiny. I have written to the Committee, as Members will know, dealing with some of the questions that were previously raised. I do not think that this is an appropriate point to go through those letters because they do not directly relate to the subject at hand, but there will be a chance—I think at clause 7—to revisit some of the issues that were dealt with when we looked at clause 1. I simply put that on the record, in case people were wondering why I was not immediately addressing some of the things that were raised by my right hon. Friend the Member for West Dorset and others in earlier parts of the scrutiny.

In respect of the issues raised by my hon. Friend the Member for Milton Keynes South, I am looking for the guidance that I might have received from another place—[Interruption.] Ah, here we are; it has winged its way to me. In the end, the courts will interpret the facts. If a person knew that they needed to update the software and failed to do so—that is, knowingly took a view that they did not need to update their software, rather as if someone knowingly drove a vehicle that was mechanically unsound—a judgment will of course be made about their responsibilities and whether they should have used the vehicle. If someone is negligent in respect of their vehicle’s fitness to be driven, clearly the courts will have to take a view about their responsibilities.

[Iain Stewart]

rose—

[Mr Hayes]

I can see that my hon. Friend is satisfied, but not entirely.

[Iain Stewart]

I agree that we cannot anticipate exactly what form the technology will take, or the form of the updates. My right hon. Friend mentioned that further regulations would be issued before these vehicles went on the road. Would those regulations include a clearer definition of the obligations on the driver regarding when they must install any updates to the software?

[Mr Hayes]

I will come back to that, because in a way it relates to the point made by my hon. Friend the Member for North Warwickshire. We anticipate that the majority of software updates will be delivered automatically over the air, as it were, so we would expect software to be updated over time in that way that my hon. Friend the Member for Milton Keynes South suggests. I am mindful of the work that my hon. Friend the Member for North Warwickshire has done on this—we have discussed it outside the Committee.

Automated and Electric Vehicles Bill (Sixth sitting)

Debate between John Hayes and Iain Stewart

Committee Debate: 6th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[The Chair]

Could the Minister wait for Mr Stewart?

[Iain Stewart]

Forgive me if I was so mesmerised by the prospect of the competition that the Minister has just announced that I missed his comments, but can he clarify the point I asked about the common payment mechanism, which I think would be an important feature of the interoperability of these charging points?

[Mr Hayes]

Let me deal with that first. I wholly agree that the regulatory powers we have taken are designed to produce a common payment method. That is very important. As I offered a moment ago, we will engage with the industry to work to that end, but we could use these powers to oblige that. It is intolerable that people might turn up thinking they could charge their vehicle, find that the charge point was compatible because of the steps we have taken, and then find that they had to have pre-booked, prepaid or have a special card to do pay. It is probably right that we go for a pay-as-you-go method, but I do not want to be definitive about that. Let us have those discussions to achieve the end my hon. Friend suggests.

On the other matter, will the hon. Member for Hyndburn remind me what he said? I have now waxed so lyrical that I cannot remember.

Automated and Electric Vehicles Bill (Fifth sitting)

Debate between John Hayes and Iain Stewart

Committee Debate: 5th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[The Minister for Transport Legislation and Maritime (Mr John Hayes)]

We continue with dedication our diligent perusal of these matters and our scrutiny of this Bill. I am grateful to the Committee for its continuing determination to get this right. When we first met, we said that this was an important and challenging piece of legislation because we debate it in rapidly altering circumstances. The technology is moving on apace and we are trying to tread a path between creating sufficient certainty to allow insurers to develop the products they will need as the technology comes on stream and predicting a future which, by its nature, is unpredictable. That is the path we tread. It is important to emphasise in that spirit, in relation to this clause and these amendments, that the Bill is a first step. It does not solve all the problems or answer all the questions. It is a modest Bill, though an important one, in those terms.

It is doubtless true that as this technology unfolds more work will need to be done. We are on the cusp of an important—indeed, one might say revolutionary—change in what we drive and how we drive it, but it is not for this Committee, Government or Minister to predict quite what that might look like in decades to come. The modest character of the Bill needs to inform all our scrutiny. We are not aiming to solve all the problems here. We are aiming to take a measured first step towards solving those problems and meeting those challenges.

However, it is right that we debate the issue of how motorists understand and update their systems so that they can use their automated vehicles safely, as the shadow Minister, the mover of the amendment, the hon. Member for Kilmarnock and Loudoun, and other contributors have said. A core part of that is to ensure that the regulatory framework is in place which compels manufacturers to bring to market systems that make this process as simple and effective as possible.

This is certainly not the place for that legislative process to occur. It is not the purpose of the Bill. The requirement for systems to update forms part of an international set of standards, which I mentioned earlier. Vehicle safety and technology are subject to international standards. Those standards are well established in respect of the vehicles we all typically drive, but they are emerging standards in respect of autonomous vehicles. Much work has been done by this Government and others to ensure that those standards are fit for purpose. They will form the basis of a new type of approval process. We are familiar with the existing means by which these things are assured. That will develop over time, as the type of approval process emerges as a result of the work that is being done. Until that type of approval process is fit for purpose, these vehicles will simply not be sold or driven on our roads. In addition to our domestic non-insurance regulatory programme, it is vital that we are mindful of those further developments.

Robust standards will be in place before the vehicles arrive to market. There is, therefore, a risk in acting unilaterally. I understand why people are suggesting that we might; it is a perfectly reasonable response to the debate and the Bill, and it is useful that we are airing these subjects here. However, we would not want to try to anticipate the development of those standards without a clear understanding of the ultimate design standards to which these vehicles will be held, as we would risk creating barriers to the use of this technology and inhibiting further research and development—indeed, possibly inhibiting the development of the insurers’ products that the Bill is all about. We are continuing to take part in the international negotiation shaping the standards, and developing domestic road traffic laws and guidance. We do not accept new clause 9 and the amendments to clause 4 that would compel us to act without a settled knowledge of how these systems will ultimately be configured.

Let me deal, however, with some specifics. A series of points have been made on these matters during our scrutiny. I have written to the Committee, as Members will know, dealing with some of the questions that were previously raised. I do not think that this is an appropriate point to go through those letters because they do not directly relate to the subject at hand, but there will be a chance—I think at clause 7—to revisit some of the issues that were dealt with when we looked at clause 1. I simply put that on the record, in case people were wondering why I was not immediately addressing some of the things that were raised by my right hon. Friend the Member for West Dorset and others in earlier parts of the scrutiny.

In respect of the issues raised by my hon. Friend the Member for Milton Keynes South, I am looking for the guidance that I might have received from another place—[Interruption.] Ah, here we are; it has winged its way to me. In the end, the courts will interpret the facts. If a person knew that they needed to update the software and failed to do so—that is, knowingly took a view that they did not need to update their software, rather as if someone knowingly drove a vehicle that was mechanically unsound—a judgment will of course be made about their responsibilities and whether they should have used the vehicle. If someone is negligent in respect of their vehicle’s fitness to be driven, clearly the courts will have to take a view about their responsibilities.

[Iain Stewart]

rose—

[Mr Hayes]

I can see that my hon. Friend is satisfied, but not entirely.

[Iain Stewart]

I agree that we cannot anticipate exactly what form the technology will take, or the form of the updates. My right hon. Friend mentioned that further regulations would be issued before these vehicles went on the road. Would those regulations include a clearer definition of the obligations on the driver regarding when they must install any updates to the software?

[Mr Hayes]

I will come back to that, because in a way it relates to the point made by my hon. Friend the Member for North Warwickshire. We anticipate that the majority of software updates will be delivered automatically over the air, as it were, so we would expect software to be updated over time in that way that my hon. Friend the Member for Milton Keynes South suggests. I am mindful of the work that my hon. Friend the Member for North Warwickshire has done on this—we have discussed it outside the Committee.

Automated and Electric Vehicles Bill (Third sitting)

Debate between John Hayes and Iain Stewart

Committee Debate: 3rd sitting: House of Commons
Thursday 2nd November 2017 Public Bill Committees

[Iain Stewart (Milton Keynes South) (Con)]

I rise simply to ask for a point of clarification from the Minister when he responds to the debate. I anticipate the answer to my question will be yes, but I would like to have it on the record. I anticipate that, as well as motor cars, the list of vehicles that the Secretary of State will compile and update will include lorries, buses, emergency services vehicles and other vehicles for which the driver would require an HGV licence or a public service vehicle licence. I would like clarification on that. For instance, I anticipate that, with technology, HGVs could be driven normally for a large part of a journey but then form part of some road train on a motorway with other similarly equipped vehicles. As I said, I would like clarification that the list will include those vehicles as well as private motor cars.

[Mr Hayes]

To paraphrase Bernard Shaw, I do not know whether I was born too early or born too late, but I do know that I was born to dare to dream of a future inspired—indeed shaped—by the past but not constrained by it; a future where we can achieve wonder. Part of that journey will be assisted by technological change. The technological change we are considering, as the Opposition spokesman said, could liberate many people who have not had easy access to private transport for a variety of reasons. That has extraordinary and wonderful prospects. As we consider the Bill, we should discuss it, as the shadow Minister did, in that context.

Automated and Electric Vehicles Bill (Second sitting)

Debate between John Hayes and Iain Stewart

Committee Debate: 2nd sitting: House of Commons
Tuesday 31st October 2017 Public Bill Committees

[Mr Hayes]

Thank you.

[Iain Stewart (Milton Keynes South) (Con)]

Q Following up on the question asked by my right hon. Friend the Member for West Dorset, I have a question about the capacity of the grid to cope with the expected increase in demand, and in particular the timing of that demand. While researching for the Second Reading debate, I came across an Atkins report that draws on findings from the Energy Technology Institute that peak demand is likely to be in the early evenings—particularly Sunday evenings—and that that could increase demand on the grid by 10 GW, or 20%, at the time when it is least able to cope. Is that a finding that you recognise?

Marcus Stewart: One of the key things that affects the impact on the grid is people charging their cars. Smart charging is absolutely key to mitigating that. I will give you some examples from the work that we have published. We published our “Future Energy Scenarios” report in July. In a high-growth scenario that aligns with the Government’s target to ban sales of diesel and petrol engines in 2040, we would expect to see around 9 million electric vehicles in 2030. That would add something like 17% to peak demand, which occurs on a Monday or Tuesday evening in the winter, if there was not smart charging. If there was smart charging and people responded to that through time of use tariffs or other incentives, that could be reduced to around 6%. How people charge and how they are incentivised to do it has a real impact.

At the moment, the technology exists—the charging posts that have been put in have that technology—and we support the measures in the Bill to ensure that all charging points have that capability, which would make a significant difference to how easily electric vehicles are accommodated by the network nationally and locally. Smart charging is absolutely key, and we support the approach in the Bill.

Air Travel Organisers’ Licensing Bill

Debate between John Hayes and Iain Stewart

2nd reading: House of Commons
Monday 3rd July 2017 Commons Chamber

[Mr Hayes]

As I said at the beginning of my remarks, the purpose of this Bill is to ensure that ATOL remains fit for purpose. The hon. Gentleman is right that the way people travel, the means by which they book their holidays, and the organisations they use to do so are changing. That is why we must look again at ATOL: not because it has not worked or because its principles are not right, but because it needs to reflect those changes. This Bill is the first step in doing so. Anticipating—although not impertinently—what the shadow Secretary of State might ask me, it is also true to say that this Bill is just that: a first step that creates a framework that will allow us to update ATOL.

Further steps will be required, which might come through regulation or further review of the appropriateness of what we are putting into place today. The hon. Gentleman raised that point when we debated these matters briefly before, and I have no doubt that he will want to press me on it again today, but there is an absolute acknowledgement that this is a rapidly moving marketplace that will require rapidity in our response.

[Iain Stewart (Milton Keynes South) (Con)]

Having also served on the Vehicle Technology and Aviation Bill Committee, I have a sense of déjà vu here. I agree with the general nature of the measures the Minister wishes to introduce, because he is right that it is a fast-moving market, but there is also some concern in the industry, which plans typically 12 to 18 months ahead, that it will need some of the detail of the secondary legislation as soon as possible, to allow it to prepare effectively for that.

[Mr Hayes]

My hon. Friend might have raised that point in that Committee; my memory is good but not encyclopaedic, but I do seem to recall that he has made this point previously. He is both authoritative on matters regarding transport, having served with distinction on the Select Committee, and consistent in his line of argument. His is a perfectly fair question, and it is what the Opposition and the whole House would expect, so we will provide as much information as we can about what further steps we might take in terms of regulation. There is nothing to be hidden here; there is no unnecessary contention associated with this and certainly no desire not to get this right, and the best way of getting it right is to listen and learn—as is so often the case in politics, in Government and in life.

I have talked a little about the diversification of the market and the growth of the internet and smart technologies. That is not a bad thing: consumers now have many options at their fingertips to buy holidays and put together their own packages. Indeed, an ABTA survey estimates that about 75% of UK consumers now book their holidays over the internet. As methods of selling holidays modernise, we must adapt the schemes and regulations that protect them.

“Quality is never an accident; it is always the result of intelligent effort”,

as Ruskin also said. That is why we took steps in 2012 to update the ATOL scheme; we introduced the ATOL certificate confirming the protection covered, and broadened the scope of protection to include “flight plus” holidays. These interventions have had a positive impact, extending consumer protection, levelling the playing field for businesses and improving clarity for all. The key here is that consumers know when and how they are protected: making sure the system is as comprehensible and comprehensive as possible is an important aim.

We now need to build upon the changes we made then, and make sure that ATOL keeps pace with the changing travel market. In particular, the new EU package travel directive was agreed in 2015 to bring similar, but further-reaching, improvements to consumer protection across the whole of Europe. I said earlier that the United Kingdom had led the way in this field. It is not unreasonable to say that Europe is now saying it wants similar provisions across other countries to the ones we have had here for some time. So that travel directive is both reflective of, and perhaps even, to some degree, inspired by, the success of our arrangements. This will need to be implemented into the UK package travel regulations by 1 January 2018.

The Government supported the rationale for updating the package travel directive. It will help to modernise and harmonise protection across Europe. Broadly, it will mean that the protection offered across Europe will be closer to the protection we have enjoyed from the beginning of ATOL, but most especially since the changes we put in place in 2012. It will ensure there is a consistent approach to the protection.